Savitha v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.7300 of 2024 1.Mrs.Savitha 2.A.Akshay 3.Krishika 4.A.Ankith Kumar

...Petitioners/ Accused

.Vs.

1.State by Inspector of Police Vepery Police Station Chennai.

.. Respondent /Complainant (Cr.No.226 of 2022) 2.A.K.Varadharajulu .. Respondent /De facto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.226 of 2022 pending on the file of the 1st respondent compromise quash the same.

For Petitioners : Ms.P.Abirami For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1

ORDER

The Criminal Original Petition has been filed seeking to quash the FIR in Crime No.226 of 2022, pending on the file of the 1st respondent police.

2. The case is still in the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. A Joint Compromise Memo dated 15.3.2024, has been filed before this Court which has been signed by the petitioners and the 2nd respondent and also by their respective counsel. The petitioners and the 2nd respondent/d facto complainant were also present in person before this Court. In the joint compromise memo, it has been stated that the petitioners and the 2nd respondent have entered into a compromise and amicably settled their issues in Crime No.226 of 2022, pending on the file of the 1st respondent.

4. Under such circumstances, no useful purpose will be served in keeping the case pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in (2017) 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C, quash the FIR in Crime

No.226 of 2022, pending on the file of the 1st respondent.

5. This Criminal Original Petition stands allowed and as a sequel, investigation in Crime No.226 of 2022, pending on the file of the first respondent, is hereby quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.750/- (Rupees seven hundred and fifty only) as costs, to the credit of the President, Tamil Nadu Advocate's Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of two weeks from the date of receipt of copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

6.Post this case for reporting compliance on 19.4.2024. 26.03.2024 Index: Yes/No Speaking Order/Non Speaking Order kp Note: Issue order copy on 1.4.2024 To

1. Inspector of Police Vepery Police Station Chennai.

2.The Public Prosecutor High Court, Madras.

N.ANAND VENKATESH.,J kp CRL.O.P No.7300 of 2024 26.03.2024